Freeburgh v. Lamoureux
Wyoming Supreme Court
Error to the District Court, Fremont County, Hon. Charlrs W. Bramrl, Judge. The material facts are stated in the opinion.
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Error to the District Court, Fremont County, Hon. Charlrs W. Bramrl, Judge. The material facts are stated in the opinion. In an action for specific performance, the plaintiff is held to a strict showing: First, of a contract certain in its terms, complete in all its elements, made upon sufficient and .definite consideration, and not capable of being adequately compensated at law; and, second, where the contract has been made by parol and, therefore, is within the statute of frauds, the proof'of .the contract must be full, complete, satisfactory and indubitable, followed by immediate,…
1Opinion of the Court
Beard, Justice.
This action was commenced in the District Comí of Fremont County by Jules Lamoureux, one of the defendants in error, against Louis Poire and the plaintiff in error, Philo-mine Freeburgh, to set aside a deed from Poire to Freeburgh of the west one-half of lot seven in block twenty-two of the original townsite of Lander in the town of Lander, Fremont County, Wyoming; and to enforce the specific performance of an alleg-ed contract for the conveyance of said property to Lamoureux by Poire.
The petition alleges that Poire, being- the owner of the premises ábove described, did on the…
2Cases cited3 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
- Godschalk v. FulmerIllinois Supreme Court · 1898
3Cited by5 opinions
- Deepwater Investments, Limited v. Jackson Hole Ski Corporation and Paul M. McCollisterCourt of Appeals for the Tenth Circuit · 1991
- Noland v. HaywoodWyoming Supreme Court · 1933
- Wallis v. BoslerWyoming Supreme Court · 1952
- Wight v. LindenWyoming Supreme Court · 1951
- Deepwater Investments, Limited v. Jackson Hole Ski Corporation and Paul M. McCollisterCourt of Appeals for the Tenth Circuit · 1991